@dynatrace/js-runtime/LICENSE.txt

This package provides the Dynatrace JavaScript runtime used by the [Dynatrace App Toolkit](https://www.npmjs.com/package/dt-app).

DEVELOPER TERMS
Last Updated: May 28, 2024

These Developer Terms govern: (1) Your access to and use of the developer tools, and related training, tutorials, sample code and documentation made available within the Dynatrace Platform and through our Developer Site (https://developer.dynatrace.com/), (collectively, "Developer Tools"), and (2) Your Apps; and is an agreement between Dynatrace (also referred to as “we,” “us,” or “our”) and the entity you represent in its capacity as a Customer or a Partner (also referred to generally as “you,” or “your”). Any conflict between these Developer Terms and your Agreement shall be resolved in favor of these Developer Terms. If any Developer Tool or component is licensed under terms other than these Developer Terms, such Developer Tool or component will be identified with corresponding license terms at the Developer Site (https://developer.dynatrace.com/).
IF YOU HAVE A SEPARATE, BINDING AGREEMENT WITH DYNATRACE THAT EXPRESSLY INCORPORATES THESE DEVELOPER TERMS, THEN YOU HAVE ACCEPTED THESE TERMS AS OF THE EFFECTIVE DATE OF THAT AGREEMENT. OTHERWISE, YOU ACCEPT AND AGREE TO THESE DEVELOPER TERMS BELOW BY ACCESSING OR USING THE DEVELOPER TOOLS THROUGH OUR DEVELOPER SITE, EFFECTIVE UPON THE DATE OF SUCH ACCESS OR USE.

1. DEFINITIONS.
Terms not otherwise defined in these Developer Terms have the meanings set forth in our “Subscription Agreement”.
1.1. “Agreement” means: (a) if you are a Partner, your Dynatrace partner agreement; or (b) if you are a customer, the Subscription Agreement (https://www.dynatrace.com/company/trust-center/customers/subscription-agreement/) or your separate, binding agreement that contains your license(s) to the Dynatrace Platform.
1.2. "Applicable Law” means all applicable international, national, state, regional and local laws and regulations, including without limitation those related to data privacy, and United States, EU and UN export and re-export laws and regulations.
1.3. “Customer” has the meaning specified in the Subscription Agreement, and for clarity applies if you are accessing the Developer Tools as a current or prospective customer, and are not a Partner.
1.4. “Partner” means an entity that is party to a valid partner Agreement, including but not limited to a partner in its capacity as a managed service provider, and/or reseller.
1.5. “Your App” or “App” means any application or other custom logic, extension, integration, automated workflow or other similar functionality or development created by you or Your Users to ingest data or otherwise be used with the Dynatrace Platform.

2. OWNERSHIP AND RIGHTS.
2.1. Developer Tools. Subject to your compliance with these Developer Terms and your Agreement, Dynatrace grants you a limited, non-exclusive, revocable, non-transferable, non-assignable, non-sublicensable, right and license to access and use Developer Tools only internally and solely for the purpose of developing and testing Your Apps. If we believe, in our sole discretion, that you have violated or attempted to violate these Developer Terms, your license and right to access and use the Developer Tools may be temporarily or permanently revoked, and use of Your Apps may be suspended or terminated within the Dynatrace Platform. In such event, we will use commercially reasonable efforts to provide advance notice.
2.2. Your Apps. Your Apps may extend, and be deployed and operate on, the Dynatrace Platform. You shall retain all right, title and interest, including without limitation, all Intellectual Property Rights in and to Your Apps,  but you hereby grant to Dynatrace and its Affiliates a limited, non-exclusive, irrevocable, royalty-free, worldwide, sublicensable right and license to use Your Apps and perform all acts with respect thereto as may be necessary for Dynatrace to provide Dynatrace Offerings to users of Your App(s) (“Your Users”).
2.3. Dynatrace Marks. Dynatrace hereby grants you a limited, non-exclusive, non-transferable, revocable right, and without any sublicensing rights, to use the trademark “Dynatrace,” and the other product names, trademarks, trade names, logos, and service marks of Dynatrace LLC or one or more of its Affiliates (the “Dynatrace Marks”) on your websites, social media accounts and published materials only to describe Your App as designed to work with Dynatrace Platform and only in compliance with the Dynatrace Trademark Usage Guidelines (https://www.dynatrace.com/company/trust-center/policies/). You shall not adopt, use, register, or attempt to register trademarks, service marks, product or trade names, or domain names that include or may be confusingly similar to any Dynatrace Mark.
2.4. Reservation of Rights. Dynatrace LLC and one or more of its Affiliates are the sole and exclusive owners of all right, title and interest, including without limitation, all Intellectual Property Rights in and to the Dynatrace Tools, Dynatrace Offerings, and Dynatrace Materials. Except for the limited license to the Developer Tools granted herein, and ownership of Your Apps, you obtain no right, title, or interest in or to any of the foregoing. If you acquire any Intellectual Property Rights in connection with any Dynatrace Offerings or Dynatrace Materials, such rights are deemed to be and are hereby irrevocably assigned to Dynatrace LLC or its designee, if applicable, without further action by either party. Any goodwill derived from your use of Dynatrace’s or its Affiliates’ Intellectual Property Rights inures to the benefit of Dynatrace LLC or its designee, if applicable.

3. CERTAIN OBLIGATIONS, REPRESENTATIONS AND WARRANTIES.
3.1. You acknowledge that:
(a) You assume full responsibility for the development, performance, use, and support of Your Apps;
(b) You may describe Your App as designed to work with the Dynatrace Platform, but shall not make any statement that Your Apps are certified, supported or that performance is guaranteed by Dynatrace, unless first approved in writing by Dynatrace; and
(c) Your use of Developer Tools and Your Apps are subject to “Dynatrace Policies” (https://www.dynatrace.com/company/trust-center/policies/) including, without limitation, our Privacy Notice and Trademark Usage Guidelines.

3.2. You represent, and warrant that:
(a) All information you provide to Dynatrace is true, accurate and complete;
(b) You have the full right, power and authority to: (i) enter into these Developer Terms and perform the obligations hereunder; (ii) develop, deploy, operate and support Your Apps; and (iii) provide to Dynatrace for processing any data, including Personal Data, that is delivered to or accessible by your Dynatrace instance by means of Your Apps;
(c) You, your use of the Developer Tools, Your Apps, and any information you process about Your Users, shall comply with Applicable Law;
(d) You shall not access or attempt to access the Developer Tools by means other than as described at Dynatrace’s Developer Site (https://developer.dynatrace.com/);
(e) You shall not license, sell, distribute, or make available Your Apps to anyone other than Dynatrace Customers for use with a validly licensed instance of the Dynatrace Platform;
(f) Your Apps do not and shall not infringe, misappropriate or violate any third party’s privacy, or Intellectual Property Rights;
(g) You shall not mislead, confuse or surprise Your Users or your customers or their users and each of Your Apps should be transparent to Your Users about what it does);
(h) You shall not reverse engineer, disassemble or decompile the Developer Tools (unless, and only to the extent, that such activity is required by law for interoperability and only after you have asked Dynatrace for, and Dynatrace refused to provide, the  source code deemed necessary by Dynatrace);
(i) You shall not use the Developer Tools or any Dynatrace Offering to develop or support a product or service that competes with any Dynatrace Offering;
(j) You and Your Apps shall not interrupt, degrade, impair or harm any Dynatrace Offering;
(k) Your Apps shall not contain, store or transmit Malicious Code; and
(l) You shall not distribute the Developer Tools, or disclose the results of any tests involving the Developer Tools, to any other person or entity.

4. OPEN SOURCE.
The Developer Tools may be accompanied by or include Open Source Software. An updated list of applicable Open Source Software will be available online via Dynatrace’s Developer Site (https://developer.dynatrace.com/) or can be made available by Dynatrace upon request. Open Source Software is subject to its own separate license (each an “Open Source Software License”), and your use of Open Source Software is based upon and subject to the applicable Open Source Software License.

5. CONFIDENTIALITY.
Dynatrace confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Dynatrace’s prior written consent and you will protect it by using the same degree of care to prevent its unauthorized use, dissemination, or publication that you use to protect your own confidential information of a similar nature (but no less than reasonable care). Dynatrace confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Dynatrace confidential information when compelled to do so by law if you provide us reasonable prior notice unless a court orders that we not receive notice. Dynatrace retains all Intellectual Property Rights in confidential information disclosed to you.

6. FEEDBACK AND USE OF INFORMATION.
6.1. Feedback. You may, but are not obligated to provide feedback regarding use of the Developer Tools or Dynatrace Offerings (“Feedback”). You hereby assign (without any restrictions or obligations) to Dynatrace all right, title, and interest in and to such Feedback.
6.2. Use of Information. By using Developer Tools, you agree that we may: (a) collect and use information from you and Your Users as described in your Agreement and our Privacy Notice; (b) use automated or manual methods to analyze Your Apps; and (c) review or monitor Your Apps (including, without limitation, how the Dynatrace Platform is accessed and used) for purposes of quality control, improving Developer Tools, and current or future offerings, and verifying compliance with these Developer Terms. You agree that we have no obligation to review or monitor Your Apps.

7. RELATIONSHIP OF THE PARTIES.
The parties are independent contractors. These Developer Terms do not create any partnership or joint venture between the parties. These Developer Terms do not grant you any right or power to assume or create obligations or commitments on behalf of Dynatrace. Nothing in these Developer Terms shall be construed to limit Dynatrace’s right to independently develop or distribute software and/or services that is/are functionally equal or similar to one or more of Your Apps, so long as your proprietary information is not included therein and such development does not conflict with these Developer Terms.

8. NO WARRANTY; INDEMNITY.
THE DEVELOPER TOOLS ARE PROVIDED "AS IS" WITHOUT ANY SUPPORT OR SERVICE LEVEL OBLIGATION, OR COMPLIANCE, SECURITY OR INDEMNITY COMMITMENT BY DYNATRACE. DYNATRACE DOES NOT MAKE ANY  REPRESENTATION OR WARRANTY OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR STATUTORY) AS TO ANY MATTER, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DYNATRACE, ITS AFFILIATES, LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY ACTIONS, PROCEEDINGS, CLAIMS AND DEMANDS BY A THIRD PARTY (AND ALL RESULTING OR ASSOCIATED DAMAGES, COSTS, JUDGMENTS, AND SETTLEMENTS) ARISING FROM OR RELATED TO YOUR APPS OR YOUR BREACH OF THESE DEVELOPER TERMS. You may not, without Dynatrace’s prior approval, settle a claim for which indemnity is owed hereunder if settlement would require any indemnified party to admit fault or take or refrain from taking any action. Dynatrace and its Affiliates may participate in a claim with their own counsel at their own expense.

9. LIMITATION OF LIABILITY.
DYNATRACE SHALL HAVE NO LIABILITY OF ANY TYPE UNDER THESE DEVELOPER TERMS UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE DYNATRACE’S AGGREGATE LIABILITY SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50).

10. MODIFICATIONS.
We may modify these Developer Terms (including Dynatrace Policies) at any time by posting a revised version on our website, which revised version will become effective upon posting. By  using the Developer Tools or Your Apps after the effective date of modifications to the Developer Terms, you agree to be bound by the then-current version of the Developer Terms. The Developer Tools are constantly evolving as we refine, add and potentially remove features. You acknowledge that such modifications may adversely affect Your Apps, (for example, by changing the way the Developer Tools communicate with the Dynatrace Platform), and you agree that Dynatrace shall not be liable to you or Your Users in any way for any such adverse effect.

11. GENERAL.
All sections of these Developer Terms that by their nature should survive termination shall survive. On termination, you will promptly securely delete all copies of the Developer Tools. These Developer Terms create no third-party beneficiary rights. Our failure to enforce any provision of these Developer Terms is not a waiver of our right to do so later. If any term or condition of these Developer Terms is found to be invalid or unenforceable, the remaining provisions will remain effective. You may not assign any of your rights under these Developer Terms, and any such attempt will be void. We may assign our rights under these Developer Terms to any of our Affiliates, or to any successor in interest of any business associated with the Developer Tools. The Developer Terms will be governed by the laws of the State of Delaware without regard to its conflicts of law principles, and you consent to the personal and exclusive jurisdiction of the federal and state courts of the State of Delaware. These Developer Terms set forth the entire agreement and understanding between the parties, and supersedes any other agreements, discussions, proposals, representations or warranties, written or oral, with respect to the subject matter hereof. You acknowledge that you have reviewed and accepted these Developer Terms and that contractual ambiguities are not to be construed in favor of or against any party based on its role in drafting these Developer Terms.